Artificial insemination ban upheld

A long-standing ban on using artificial insemination (AI) technology in thoroughbred racehorses has been upheld by the Federal Court, with racing figures expressing relief at the verdict.

Under international racing law, only horses conceived by the stallion directly inseminating the mare are allowed to race and breed.

Bruce McHugh, a former chairman of the Sydney Turf Club, had challenged that rule in the Federal Court in 2011, arguing the ban on artificially bred horses was both a restraint of trade and a breach of the Trade Practices Act.

Handing down his judgment in Sydney on Wednesday, Justice Alan Robertson dismissed both arguments.

He said Mr McHugh had failed to show the court the AI rule was a restraint of trade, because he accepted it was a reasonable provision when it was established "many decades ago to prevent the attribution of incorrect paternity to a thoroughbred horse".

Justice Robertson also dismissed the argument the ban on AI breeding was a breach of the Trade Practices Act.

Mr McHugh had not proved the AI rule had substantially lessened competition, Justice Robertson said, adding that overturning the ban would downgrade "the status of thoroughbred races held in Australia".